Salmon man takes Alford plea after allegedly ‘torturing’ 2-month-old who died from her injuries
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SALMON – A 22-year-old man has pleaded guilty as part of an Alford plea to killing his infant.
Roger Denig was initially charged with first-degree murder for the death of his 2-month-old daughter, Ammarie Denig.
He later accepted a plea agreement, where he agreed to take an Alford plea to an amended charge of voluntary manslaughter in exchange for the prosecution to recommend a minimum of eight and a maximum of 15 years in prison at sentencing.
An Alford plea is a guilty plea where a defendant continues to assert their innocence but admits a jury would likely find them guilty with the evidence presented.
The plea is non-binding on the court, meaning the judge does not have to agree to either party’s recommendations for sentencing.
Denig is expected to be sentenced on Feb. 18.
Background
Court documents say the Lemhi County Sheriff’s Office received a call on June 21, 2023, around 9:40 p.m. from the mother of Ammarie, saying her baby was not breathing. Denig, the mother, and the baby then went to the hospital.
“(Roger) Denig had started CPR. (The mother) kept saying she’s not breathing, then barely breathing, to she isn’t moving at all,” police reports say.
An ambulance met the family on route, and EMTs continued CPR. They reportedly noticed “yellow bruises on the forehead from eyebrow to eyebrow, and some bruises to the infant’s upper body” that were older injuries, according to court documents.
Denig told EMTs Ammarie had laryngomalacia, a congenital softening of larynx tissues above the vocal cords that caused her to choke.
Once the ambulance arrived at Steele Memorial Hospital in Salmon, doctors got the baby’s heartbeat back, and she was flown to Eastern Idaho Regional Medical Center, where a CT scan showed “multiple brain injuries.” Because of the severity of the injuries, the baby was airlifted to Primary Children’s Hospital.
A pediatrician at the hospital who specializes in child abuse and neglect told investigators the infant sustained traumatic brain injuries, and there was no longer any brain activity.
“Additional signs show tearing of the brain, which is consistent with a sudden, external, physical assault,” court documents say. “There is retinal hemorrhage in both eyes, which is present with traumatic head injuries, (and) the CT scan showed several broken ribs in various stages of healing that could be between 10 to 14 days old, (and) signs of old bruises on the child’s chest.”
Ammarie was on life support, and the doctor said her injuries were consistent with shaken baby syndrome. The baby died on June 23 at 10:36 p.m.
Investigators spoke with the child’s mother and Denig, who said on June 21, they went to the dump twice to drop off some garbage. They left the baby with her grandmother, and when they returned home, the mom went to lie down with the baby.
The infant became fussy but settled down and fell asleep but awoke a short time later crying, according to Ammarie’s mother.
“Denig came into the room and got Ammarie from the bed and took her to the other room where they have a rocking chair to rock her because she likes that,” the baby’s mother told detectives.
The mother fell back asleep but was awoken by Denig, who said Ammarie was not breathing and the baby was blue. Denig began CPR while the baby’s mother went to get the grandmother and called 911.
Ammarie’s mother said, “When the medical staff advised Ammarie had a traumatic brain injury, (the mom) stated she thought it may have been from driving on the rough road to get to the ambulance, or the lack of oxygen to the brain had caused this,” the probable cause document says. “(She) stated she did not have physical control of Ammarie from the time Denig took her from the bed and went to the other room.”
During his conversation with deputies, Denig was “shaking and even commented on the fact, saying ‘he must be nervous,’” according to court documents.
He told investigators after he picked up the baby from her mom’s side and went into the other room, she was fussy but calmed down and fell asleep. An hour or two later, he said she began to cough, and “fluid came out of her mouth.”
“Denig stated he tried clearing her mouth with his finger, and he stated Ammarie choked and then stopped breathing,” the probable cause says. That’s when he went to get the child’s mom, began CPR, and 911 was called.
When asked about the baby’s broken ribs in various states of healing, “Denig stated maybe they patted her too hard because one time while he was patting her back, he heard crackling noises.”
The deputy interviewing Denig said someone battered the child, and the injuries did not come from the rough road.
“This detective believes the infant’s injuries were not a medical issue, and the child was willfully and deliberately tortured,” the detective wrote.
“Denig stated, ‘You think I caused this?’ I advised, ‘Yes.’ I asked if he shook her due to his frustration or anger with Ammarie due to her fussiness and/or crying,” the probable cause says. “Denig stated he didn’t think so. He stated he was bouncing her … and maybe he shook her harder than he thought.”
Deputies told Denig he was the only person in possession of the child at the time she stopped breathing, and he responded that he “would take accountability for his actions.”
When asked if he wanted to explain anything more, Denig said he “can’t remember it all but doesn’t think he blacked out or anything.”
The results of the autopsy showed there were more ribs in various stages of healing than initially thought.
Ammarie’s internal organs appeared normal, and after examining the child’s head, skull, and brain tissue, the medical examiner determined she died from a traumatic head injury.